Shoshoni Lumber Co. v. Fidelity & Deposit Co.

Riner, Justice.

This case comes before the court upon direct appeal from a judgment of the District Court of Na-trona County in favor of Shoshoni Lumber Company, plaintiff and respondent, for convenience subsequently referred to as the “plaintiff,” and against both the Fidelity and Deposit Company of Maryland, defendant below, appellant here, and generally hereinafter mentioned as the “surety,” and James F. Turpén, defendant below, respondent here, who may appropriately be designated as the “contractor.”

The litigation was commenced by the plaintiff in Fremont County and, after the issues were…